RSA-227 for FY-2018: Submission #989

New Mexico
9/30/2018
General Information
Designated Agency Identification
Native American Disability Law Center
405 W. Apache Avenue
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Farmington
NM
87401
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(800) 862-7271
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Operating Agency (if different from Designated Agency)
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Additional Information
Therese E. Yanan
Therese E. Yanan
(505) 566-5880
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Part I. Non-case Services
A. Information and Referral Services (I&R)
0
0
0
0
0
0
0
B. Training Activities
2
110
Annual Navajo Disability Conference<p>The Law Center collaborated with the Navajo Nation Advisory Council on Disabilities to hold their annual Navajo Disability Awareness Conference. The conference was held on October 5, 2017, at Twin Arrows Hotel located on the Navajo reservation, near Flagstaff, Arizona. For this conference, the Law Center presented a general session on &ldquo;Disability Rights in Employment&rdquo; and a break-out session on &ldquo;Disclosure & Reasonable Accommodation.&rdquo; In addition, the Law Center presented their video, Above and Beyond our Disability, A Native American Success, in a general session and further discussed the positive impact of individuals with disabilities working in the community. The video reflects on the lives of seven individuals with disabilities who pursued employment and/or higher education. Part of the video also serves a great resource by presenting information on the Client Assistance Program (CAP) and the Protection and Advocacy for Beneficiaries of Social Security (PABSS). The video helps to explain how individuals with disabilities can access these services, including vocational rehabilitation. The conference had about 80 participants attend, and 7 participants attended the break-out session; conference participants included service providers, community members with disabilities, as well as students with disabilities from Greyhills Academy High School. In August 2018, the Law Center presented the video, Understanding & Acknowledging Disabilities from a Native Perspective to twenty students in three classroom sessions at Greyhills Academy High School. The video was shown as an introductory session to help the students understand their Native foundation and how these traditional stories impacted the disability community. Based on the great response from the Law Center&rsquo;s previous two videos, the Law Center created a video script that will present three scenarios on disability disclosure and accommodation in the workplace. The first scene has an individual requesting for accommodations during the application process; the second scene discusses the do&rsquo;s and don&rsquo;ts an employer may ask an applicant during an interview, and the third scene has the employee disclose their disability and request for an accommodation after accepting the job position. The Law Center continues to display both videos on the Law Center&rsquo;s website and use in future outreach presentations. <p><p>Webinar: Understanding the Native American VR Programs The National Disability Rights Network collaborated with the Native American Disability Law Center to present a webinar on Native American VR programs. The webinar aimed to highlight the difference & similarities in regulation & practices between the tribal 121 & State VR Programs. The webinar also provided information on the history of the tribal VR Programs & the broad cultural differences in tribal communities. The webinar successfully improv
C. Agency Outreach
The Law Center only serves Native Americans, a typically in-served or underserved community. <p><p>The Law Center was present at the annual Hopi Disabilities Awareness Day to raise awareness of the special needs of Hopis with disabilities. The day included an Honor Walk Parade around the gym and the activity booths, which included games as well as crafts, such as puppet making, face painting, basketball toss, bean bag toss, musical numbers, fingernail painting, etc. Eleven organizations had informational booths that provided information about services and supports. The organizations included: Arizona Developmental Disability Planning Council, Arizona Department of Economic Security, Northern Arizona University, ASSIST! for Independence, Hopi Vocational Rehabilitation Services, Arizona Rehabilitation Services, Arizona Community Leadership Academy and Northern Arizona Health Care. The Law Center distributed the full range of informational materials and answered questions about both the Law Center&rsquo;s services and the other services available to those in the community. There were a total of 350 attendees from various schools and group homes. <p><p>
D. Information Disseminated To The Public By Your Agency
0
0
2
1532
4
0
<P><p>
E. Information Disseminated About Your Agency By External Media Coverage
The Law Center has distributed CAP Brochures to the regional VR offices, the Independent Living Centers & other Service Providers. <P><p>
Part II. Individual Case Services
A. Individuals served
0
2
2
0
1
B. Problem areas
1
0
0
0
0
1
0
0
C. Intervention Strategies for closed cases
1
0
0
0
0
0
1
D. Reasons for closing individuals' case files
1
0
0
0
0
0
0
0
0
0
0
0
<P><p>
E. Results achieved for individuals
0
1
0
0
0
0
0
0
0
0
<P><p>
Part III. Program Data
A. Age
0
0
1
1
0
2
B. Gender
1
1
2
C. Race/ethnicity of Individuals Served
0
2
0
0
0
0
0
0
D. Primary disabling condition of individuals served
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
2
E. Types of Individuals Served
2
0
0
0
0
0
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
3
Strengthening Legal Protections<p>The Navajo Nation passed a Vocational Rehabilitation Act (VR Act) in 1984 that prohibited discrimination against individuals with disabilities & required that reasonable accommodations be provided across major life activities, including employment. After receiving a legal challenge to whether the VR Act allowed a private right of action, the Law Center began considering whether it provided sufficient legal protections. The Navajo Nation Advisory Council on Disabilities (the Advisory Council) is a statutorily established body to advise the Navajo Nation on issues facing those with disabilities. The Law Center & the Advisory Council began working together to ensure that appropriate legal protections are in place & ultimately decided that the VR Act needed to be updated. <p><p>A Law Center provided legal technical assistance (TA) to the Advisory Council on drafting revisions to the VR Act. This initiative formed into a collaborative effort with the Navajo Nation President&rsquo;s Office, Navajo Nation Department of Justice, the Office of Special Education and Rehabilitation Services, Honorable Jonathan Hale (Council Delegate), and the Navajo Nation Tribal Council on addressing this situation. As part of providing TA, the Law Center directed conversations that explored ways to improve civil rights protections for Navajos with disabilities under Navajo law so that they are able to more fully participate in the community and have those rights enforced. <p><p>The Advisory Council and Law Center then presented the legislation to required Standing committees, as part of the Legislative Process. The legislation went in front of the Navajo Tribal Council on July 17, 2018; the legislation passed 14-2. Subsequently this legislation became Navajo Nation law when President Russell Begaye signed it on August 6, 2018. <p><p>Self-Advocacy Project The Law Center works with high school students in the Exceptional Student Services at Greyhills Academy High School (Greyhills) in Tuba City, Arizona, located on the Navajo reservation. Throughout Fall 2017 and Spring 2018 semester&rsquo;s, the Law Center presented to twenty-four high school students, grades ninth through twelfth. The Law Center focused its self-advocacy project to help high school students increase their understanding of their legal rights, develop self-advocacy skills, and actively make their own decisions. The Law Center presented nine sessions in each semester covering topics of finding their career path, accessing vocational rehabilitation services and client assistance program, understanding disability disclosure and accommodations in the work and school settings, and included identifying transition services. The sessions also discussed the Rehabilitation Act and the Americans with Disability Act. The sessions provided examples, role playing, guest speakers and had students present to their classmates to increase their confidence to self-advocate. In th
B. Litigation
0
0
0
The Law Center has not pursued any systemic litigation using CAP funds. <P><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Native American Disability Law Center
No
Not Applicable
B. Staff Employed
CAP funds are used to cover the following staff: Advocate: 0.25 FTE - performs outreach, community education & individual case advocacy Community & Government Liaison: 0.05 FTE - works with the Navajo Nation Advisory Council on Disability to advocate for systemic improvements to address the barriers facing those with disabilities. Attorney: 0.15 FTE - provides legal analysis & input Executive Director: 0.10FTE - provides overall supervision & input on initiatives Administrative Support: 0.50 FTE - provides necessary support for program staff, includes administrative assistants & fiscal personnel <p><p>
Part VI. Case Examples
Case Examples
Unfortunately, we only had 2 cases & closed 1 of them. In that case we did assist a 47 year old Navajo woman to access VR services. We are continuing to work on our systemic efforts & are developing a coordinated community outreach & education effort. Across the Navajo Nation, the general unemployment rate is over 40%. This broader difficulty to work makes it much more difficult for those with disabilities, even with the assistance of Vocational Rehabilitation services. The Law Center is committed to increasing an understanding of the options & supports available to those with disabilities. <P><p>
Certification
Approved
Native American Disability Law Center
Therese E. Yanan
2018-11-05
OMB Notice

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